INTRODUCTION
When a FIR is lodged, a policer officer starts with investigating the matter. Whereas, when complaint is filed no investigation is done by the police officer until directed by the competent authority. At the first instance no cognizance is taken by the Magistrate until particular FIR is reported to him.
FIRST INFORMATION REPORT
Section 154 of the Code of Criminal Procedure, 1973
- Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
- A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
- Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
Complaint(Section 2 (d) CrPC)
“Complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the Code of Criminal Procedure that some person, whether known or unknown, has committed an offence, but it does not include a police report.
To constitute a complaint there must be an allegation made with a view to the recipient taking action under the Code, charging some person with a particular offence. A complaint need not necessarily be made by the person aggrieved but may be made by any person aware of the offence. The complaint need not specify any offender or even the section of the law which makes the act or omission punishable.
Although, when after investigation it is discovered that offence is non-cognizable, a police report in a case can also be considered as a complaint. In such a condition, the officer who prepares the report is known to be as a complainant.
Any person is allowed to file a complaint, except in the case of marriage and defamation, where the only aggrieved party can complain. In a complaint, the complainant requests to penalize the culprit appropriately. A mere presentation of a petition to a Magistrate to enable him to take administrative action is not a complaint within the terms of the definition.
Differences between FIR and Complaint
FIR | COMPLAINT | |
1. | It is given under Section 154 of CrPC | It is given under Section 2(d) of CrPC |
2. | FIR is always made to Officer-In-Charge of Police Station. | The complaint is always made to the Magistrate. |
3. | In case of FIR request is made to register the incident report. | In case a Complaint request is made to take Action. |
4. | After the FIR is lodged, the Police Officer conducts the investigation. | On receipt of the Complaint, the Magistrate may conduct an inquiry. |
5. | The Magistrate can take cognizance of the case on the basis of the police report submitted after the investigation in the FIR. | The Magistrate can directly take cognizance after inquiring on the Complaint. |
6. | FIR is always made in writing and in cases where information is given orally by the informer, it is recorded. | Complaints can be made both ways either orally or in writing. |
7. | FIR is registered only in case of a cognizable offense. | Complaints are made in case of both cognizable or non-cognizable offenses. |
Conclusion
FIR is nothing but the information registered by the on-duty police officer, concerning an offense by any person. On the other hand, a complaint is a form of an appeal made to the magistrate, concerning an offense and making a request for justice.
